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New York Estate Planning & Elder Law Blog

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New Estate Planning Topics You Should Know About

It is difficult to perform estate planning without taking finances and taxes into consideration. Instead, many people who perform successful planning discover that these three topics are interchangeably related. In the last year, several new topics have been introduced that redefine how each of these three areas.    This article…

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How to Reduce the Risk of Revocable Trust Litigation

The California Court of Appeals recently decided the case of Winston v. Winston-Levin, which reviews some important estate planning considerations. In 1986, Robert Levin created a revocable trust, which he later revised several times. Sadly Robert passed away in 2015, and litigation occurred concerning subsequent revisions to the trust when…

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Understanding the Differences Between Revocable and Irrevocable Trusts

Adding trust instruments to your estate plan can help a surviving spouse and other beneficiaries have access to assets while the rest of the estate is wound up. Especially if there are young children or children with special needs ensuring continuity of financial security to survivors is at the forefront…

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Should Medicaid Planning Be Included in Your Estate Plan?

State plans for medical assistance under federal Medicaid law must comply with certain requirements located in Title 42 U.S.C. § 1396a.4, but do not always do so. In 2018, the United States District Court for the District of Alaska in the case of Disability Law Center of Alaska v. Davidson…

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Advice from Sveen v. Melin on the Importance of Beneficiary Designations

In 1997, Ashley Sveen purchased a life insurance policy. Later that year, Ashley married Kaye Melin and named Melin as primary beneficiary on his life insurance policy. Sveen also named his two adult children as contingent beneficiaries.    Several years later, Minnesota amended its revocation on divorce. Sveen and Melin…

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Lessons from Groucho Marx: Reducing the Risk of Elder Abuse

By the time that the legendary screen actor and comedian Groucho Marx became a senior citizen, he had a difficult time making a number of decisions regarding his daily life.    During this time, Marx’s companion, Erin Fleming, was accused of elder abuse and experienced a deterioration in his relationship…

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